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Questions Answered by Marcus N. Seiter
3 Answers | Asked in Contracts and Estate Planning for Arizona on
Q: When does a POA expire? At death?
Marcus N. Seiter
Marcus N. Seiter answered on Apr 10, 2019

In addition to the other attorney's response, although by law the power of attorney doesn't necessarily expire, banks and financial institutions are notorious for not honoring powers of attorney that are more than a few years old. In other words, its a good idea to have them "refreshed" every once... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Is a will or trust preferable to set up when you have assets in excess of $100,000?
Marcus N. Seiter
Marcus N. Seiter answered on Oct 20, 2018

This all depends on many factors such as your family makeup/dynamics, the types of assets you have, your health, expected longevity, and who you want to inherit those assets.

A will-based plan can be adequate for some people with even a few hundred thousand in assets depending on...
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2 Answers | Asked in Estate Planning for Arizona on
Q: Does it cost money to make an estate plan?
Marcus N. Seiter
Marcus N. Seiter answered on Jun 8, 2018

Usually. Even people who take self-help routes will incur fees for form documents or software programs. This is a very important part of life planning for most people. Lots of money and heartache can actually be saved by doing it right. If you want advice to do it right, you will need to work with... Read more »

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2 Answers | Asked in Estate Planning for Arizona on
Q: Can my spouse and I jointly title our property instead of doing an estate plan?
Marcus N. Seiter
Marcus N. Seiter answered on May 18, 2018

Besides what my colleague has already said... Estate planning is not just about what happens at the death of one spouse, but also about what happens when the second spouse dies and what happens if either of you become incapacitated. Titling assets jointly covers you for the death of one spouse, but... Read more »

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3 Answers | Asked in Estate Planning for Arizona on
Q: Is an out-of-state will valid in Arizona?
Marcus N. Seiter
Marcus N. Seiter answered on Apr 20, 2018

If the will was validly created in another state, it will be valid here in Arizona. However, moving to a new state can bring up differences of administration and other things - so it might be worth contacting an Arizona estate planning attorney to review your will and ancillary documents.

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1 Answer | Asked in Estate Planning for Arizona on
Q: My wife and I live inn Arizona. We both have IRAs . if either one dies does their ira become part of the total estate

We are puting 10% inheritance for our adult children in a will.

Marcus N. Seiter
Marcus N. Seiter answered on Mar 29, 2018

If you both name each other as the sole primary beneficiary of your IRAs, then when the first of you dies, that deceased-spouse's IRA will NOT be part of the probate estate, but will pass by operation of law to the designated beneficiary (in this case, the surviving spouse). If that is not your... Read more »

2 Answers | Asked in Real Estate Law and Probate for Arizona on
Q: dad died 5 ys ago, my sister didnt want the house. how long does she have to come back and want it. I needto refience it

The morgage on it is expiring and I need to put the house in my name and refiance. I have lived here since 1960. all utilites are in my name I pay all the bills house payment and taxes and repaires. How can I put the house in my name.

Marcus N. Seiter
Marcus N. Seiter answered on Mar 21, 2018

The answer to this question may be more complex than you were anticipating. I suggest that you contact a probate attorney near you to talk about your options. Among other things, the attorney will want to know if your father had a will that covered this house, how the house was titled, the value of... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: I received a check via private court 3 years ago. Attorney called today asking me to sign a release form, 3 years later?

My Uncle on my mothers side passed away. He had a Will that had my Grandfather listed, but all family passed away except me. I received a check via probate 3 years ago. Today the attorney called me and said I need to sign a release form and they will be mailing more court documents. What is this... Read more »

Marcus N. Seiter
Marcus N. Seiter answered on Mar 5, 2018

It is hard to tell exactly what is going on without more information. I recommend you contact a local probate attorney for more guidance.

1 Answer | Asked in Estate Planning for Arizona on
Q: How do I find out if my father had a will? My adopted brother says that he is going through probate to get my father's $

My stepmother passed away about a year ago.

Marcus N. Seiter
Marcus N. Seiter answered on Jan 5, 2018

If your father made his will in Arizona prior to 1984, then itmight be deposited with the probate registrar in the county where he made that will. For most people however, the best way to find a deceased person's will is to look through the deceased's house, safe deposit box, and storage. If you... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My mother in law passed away in Sept 2017. She left no will but had property and bank account, her name only.

Her other son is still living in the house all utilities in her name still and is spending the money in her account, he is not a signer on it.

He is not getting her death certificates so we can move forward with probate. What can we do?

Marcus N. Seiter
Marcus N. Seiter answered on Dec 30, 2017

You may consider doing two things right away: 1) contact an attorney directly who handles probate, 2) have your husband request the death certificates.

1 Answer | Asked in Estate Planning for Arizona on
Q: Is a person obligated to accept property left in another's will?

My mother-in-law and my husband (her son, of course) have a very strained relationship, which recently came to a tipping point, thus forcing my husband to sever their relationship. He is the only known beneficiary of his mother's (very small) "estate". Is he obligated, by Arizona law, to accept the... Read more »

Marcus N. Seiter
Marcus N. Seiter answered on Dec 21, 2017

No, a beneficiary is not obligated under Arizona law to accept items left to him/her in a will. And, yes, it is possible to disclaim an inheritance. However, one cannot disclaim a gift or inheritance until the gift or transfer is actually attempted. In the case of inheritance, this is only after... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: My husband died 3 years ago and his father just died last month. Am I entitled to his 1/3 of his father's estate?

There was no will and his father lived in Arizona. We also have 3 adult children and 1 minor child. Does this change anything? Are our sons still his grandchildren and receive their dad's portion of the estate? I was my husband next of kin.

Marcus N. Seiter
Marcus N. Seiter answered on Dec 15, 2017

When someone dies without a will, they are said to die "intestate." When this happens Arizona's laws of intestacy dictate who will inherit that person's estate. Based on the limited information provided here, in the case of your former father-in-law, unless you bear some other relationship to him... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: I put a home I inherited in AZ in a trust. How should I insure the home so I don't invalidate the trust?

I am the owner of the trust. If I die I have others listed as trustees. I want to make sure I don't invalidate the trust.

Marcus N. Seiter
Marcus N. Seiter answered on Dec 14, 2017

I am answering the question under the following assumptions: (1) your house is properly titled to your trust, (2) your trust has been properly prepared to meet your wishes, and (3) you are the current trustee. If so, then insuring the house is fairly straight forward. Just be sure to contact your... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: I have a question about a Trust

My husband and I got a Trust many years ago and we were living in California at the time. Since then my husband passed away (2000) and I moved to Arizona to be near my children. Do I have to do anything to the Trust, now that I live in Arizona?

Thank you for your help.

Ethel

Marcus N. Seiter
Marcus N. Seiter answered on Nov 8, 2017

Moving from one state to another does not necessarily mean the trust needs to be updated. That being said, an attorney would need to review the trust and your circumstances before giving any advice as to whether any further action on your part would be needed. I recommend that you contact an estate... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What are my rights to the property that is owned by my father and stepmother after his death. There is no will.

My father passed earlier this year and left no will. My father jointly owns 13.36 acres with my stepmother, she has two sons with my father. Due to the fact that there is no will do I inherit any of the property and how much?

Marcus N. Seiter
Marcus N. Seiter answered on Nov 6, 2017

I apologize for the delay in answering this question. Assuming your step-mother is still alive - If your father owned the property jointly with your step-mother as joint tenants with rights of survivorship, then you will not be entitled to any portion of that property. If your father owned is with... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Is the executor of an estate required to provide beneficiaries with financial records at their request?
Marcus N. Seiter
Marcus N. Seiter answered on Sep 28, 2017

There are very specific legal guidelines that a person must follow when he or she takes on the role of executor (or Personal Representative). One of the requirements is to provide certain notices to beneficiaries. In order to make sure you do not run into legal trouble, I recommend you seek the... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: A Judge denied a motion requesting the personal representative to pay taxes on estate lands, can it be repealed?

Personal Representative paid all undeveloped land taxes for 6 years until the Ward passes away and stopped paying the taxes upon the ward's death. The land are now in tax sale status by the County.

Marcus N. Seiter
Marcus N. Seiter answered on Jun 13, 2017

While appealing a judges ruling may be available to you, without more facts, it is impossible to give any advice regarding whether appealing would be a good idea or even an option here. You ought to seek the counsel of an experienced probate attorney, specifically one who handles appeals and see... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: What does "children...deceased with issue then living" mean? And "the share for the living issue of a deceased child"

My parents wanted their Trust to split their inheritance between their four direct children. In reading the document there is language like the above that we can't decipher because the "living issue of a deceased child" sounds so confusing. Can you shed some light on what that phrase means? And if... Read more »

Marcus N. Seiter
Marcus N. Seiter answered on Jun 10, 2017

Just because the term "grandchildren" or "grandchild" isn't specifically mentioned, doesn't mean they can't be beneficiaries in certain circumstances. The term "issue" is usually a term defined within the trust agreement. Even so, it usually means lineal descendants such as children, grandchildren... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Is the grantor's or benificiary's employment identification number on an irrevocable trust?
Marcus N. Seiter
Marcus N. Seiter answered on May 19, 2017

Neither. An irrevocable trust should have its own tax ID number separate from the grantor and any beneficiary. When the irrevocable trust is set up, the trustee should apply for a federal tax ID on behalf of that trust. This can be done quickly online through the IRS website.

1 Answer | Asked in Estate Planning for Arizona on
Q: In Arizona, if you have a trust, is it necessary to put vehicles, boats, trailers into the name of a revocable trust?

The vehicles, boat, and trailer are paid off and no known liens exist. There are 3 houses with no mortgages which are in the name of the trust.

Marcus N. Seiter
Marcus N. Seiter answered on May 9, 2017

The answer to your question depends largely on a couple of things: 1) what are your estate planning goals? and 2) how much are those assets worth? Goals: if your goal is to avoid probate, the short answer is to transfer these assets into the trust. But, as with most legal questions, there are... Read more »

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